Russell v. Commissioner of Social Security

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION : David R., : : Case No. 2:23-cv-3614 Plaintiff, : v. : Judge Graham : Commissioner of Social Security, : Magistrate Judge Gentry : Defendant. :

ORDER

This matter is before the Court upon the parties' joint motion for an award of attorney's fees and costs to plaintiff under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, in the amount of $4,600.00 in attorney fees and $0.00 (zero) in costs. Based upon the parties' joint agreement in which they present no dispute that all requirements are met for the reasonable award of EAJA fees, the Court: (1) APPROVES the parties' joint motion; and (2) GRANTS Plaintiff EAJA fees and costs in the amount of $4,600.00 in attorney fees and $0.00 (zero) in costs, for a total of $4,600.00. The award of attorney fees and costs will fully satisfy any and all of Plaintiff s claims for fees, costs, and expenses under 28 U.S.C. § 2412, that may be payable in this case. Any fees paid belong to Plaintiff and can be offset to satisfy any pre-existing debt that Plaintiff owes the United States, pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if counsel for the parties can verify that Plaintiff owes no pre- existing debts to the United States that are subject to offset, Defendant will direct that the award be made payable to Plaintiff but mailed to Plaintiff’s counsel at his address of record, 5810 Shier Rings Road, Front, Dublin, OH 43016 IT IS SO ORDERED.

s/ James L. Graham JAMES L. GRAHAM United States District Judge

DATE: March 10, 2025